NHBC Claim

[Clemmie]

Hi,
Im new here and am looking for advice regarding the NHBC. I'm 9 years into the 10 year warranty. For a few years we have had a problem with noisy and flexing floors, on one side of the house. It took more than 2 years just to get a builder to come in to give some advice because my husband just thought we had noisy floors. But I persevered, the builder cut a few holes in the floor and said we needed a structural engineer. He came and told me the joists are loose in the joist hangers and so are twisting, causing the floors to move and damaging the ceilings beneath. The walls of the ensuite are also moving with the flexing of the floor and the floor tiles in the ensuite are starting to crack.

I contacted the NHBC once I had the structural engineer's report. I was told that they didn't cover noisy floors. I replied that the floors were not only noisy but were moving. I was then informed that the repairs must cost more than £900 to which I informed her that the builder had quoted £3000 per floor. I was told that an assessor would attend. He came to the house 5 weeks later and told me that the claim must be for £1300 to which I replied that I was originally told that it was £900. He looked at the floor and in the holes and said that he thought that the floor was suitable for a normal load and that the joists were packed tightly. I told him that I did not agree with his findings and quoted the report ( a copy of which he had). He said that he wasn't an engineer so he would talk to one of their engineers. I received a letter yesterday saying that an engineer would be looking into the matter and that " there are areas of Buildmark cover that overlaps with household insurance so, if you haven't already done so, please tell the insurer about the damage. By letting them know about the damage now, they will have an opportunity to be involved in the engineer's investigation". They also want a copy of my household insurance policy. I am reluctant to do this as I believe that it is the NHBC trying to wriggle out of their responsibilities and that I will end up paying for this due to higher future premiums. Am I obliged to provide this? Thank you in advance. Clemmie

[meellis]

Re: NHBC Claim

Even though you are wise to be careful of the possible effect on your insurance you really should ask them about the possible consequences. It is a slightly different scenario but I am an heating engineer and a few years ago I had the misfortunate problem of burning a hole in a customers carpet while servicing the gas fire. The customer was understandably un-happy and even though it was obvious I was at fault I had to do the insurance thing and not accept responsibility but let the insurance decide. The customer wanted to just claim off of my public liability even though I was trying to explain that for his own good he would be better going through his own insurance who would contact mine and the issue would have been sorted. He wouldn't do it for fear of his premiums rising so we made a claim through my public liability A few weeks later I heard some grumblings through the grapevine so I went to see the customer and he was complaining that my insurance company were only offering to replace like for like and because the original carpet was fifteen years old they offered the current value which was far short of the cost of the replacement. If he had gone through his own insurance it would have been new for old and they would have claimed off of my insurance without affecting his premiums. I ended up paying the difference to keep the customer happy but I wouldn't want you to maybe have a shortfall just because you assume that it will effect your premiums.

[Clemmie]

Re: NHBC Claim

Thanks for your reply, Meelis. I understand what you are saying but I think that this is different in that the repairs should be made under the National House Building Council and therefore I should not have to pay anything if the fault is attributed to the builder. It it the builder ( in this case Persimmon) who pay for the Buildmark cover. I don't believe that my insurer should have anything to do with this issue. I have looked at the "guidance notes" sent by the NHBC and they state that they won't cover anything that is covered by legislation ( such as mining subsidence) or storm damage ( which may be covered by household insurance) but as its due to the fact that the joists have not been packed tightly then I don't see why my household insurance should have to pay ( even if they would!) it's going to be a huge job involving a lot of disturbance because, floors will need to be taken up, maybe ceilings taken down and the ensuite bathroom taken out and I guess they don't want to have to pay out.

[meellis]

Re: NHBC Claim

Fair enough, I understand it is different and there is a guarantee in place but I also meet a lot of people who assume that involving their insurance will end up costing them when the insurance should be chasing the people/firm who are at fault and making them pay the costs.

[des8]

Re: NHBC Claim

Whilst agreeing with M about the foolishness of not making an insurance claim "because my premiums might increase", I wonder what section of a household policy t NHBC expect a claim to be lodged.
Certainly you might be using your legal expenses extention , if you have one, but I can see no claim under a standard household policy

The main perils covered are; Fire, Lightning, Explosion, Earthquake, Riot, Civil Commotion, Strikes or Labour disturbances or malicious damage or vandalism. Impact by any aircraft, aerial device, road vehicle train or animal. Storm, Tempest & Flood. Falling Trees or Parts of Trees. Subsidence, Landslip or Heave (this policy section tends to exclude the bedding down of structures of nearly made up ground or coastal erosion. Damage to or resulting from the movement of solid floor slabs unless the foundations underneath the external walls also move at the same time
Theft or attempted Theft.
Escape of water from or bursting of any water or oil from any fixed domestic water heater or heating installation or washing machine.Accidental Damage to water, oil, gas, sewerage or drain pipes, underground telephone, electricity or television cables serving the building.Glass & Sanitary Fittings, Cover for fixed glass in doors or windows, roofs and double glazing units.
Building insurance normally includes Property owners Liability cover This section of your building insurance policy will indemnify you for legal liability as owner of the building to members of the public and employees. Cover is usually in respect of bodily injury or disease to a person or damage to their property. Accidental Damage cover is usually an extra to provide insurance for the building against accidents. Some examples of an Accident to a building would be drilling through a water pipe in the bathroom whilst affixing a cabinet to the wall or putting your foot through the ceiling.

Faulty construction doesn't appear!

[meellis]

Re: NHBC Claim

Sorry, I wasn't necessarily stating that a claim should be made on the properties insurance I was merely trying to point out that not looking into it because the premiums might increase is a trap many people fall into. It is in everybody's interest that any problems that may arise are sorted before they become major and you never know what might be included with your own policy or any of your bank account add ons.

[Clemmie]

Re: NHBC Claim

The issue here isn't that I have no intention of sorting the problem out, it is that I see no reason for my household insurance to be involved. Naturally I intend to get the floors sorted otherwise I would not have bothered to get a structural engineer report ( at my own, not inconsiderable expense). It obviously came across that my reasoning is because I don't want my premiums to increase but that is not really the case. It is the principle - the NHBC is trying to dodge their responsibility to repair the fault by dumping the problem onto my insurance company.